Trusts & Estates

Download Questionnaires

Probate Questionnaire

Trust Administration Questionnaire

Estate Planning Questionnaire

Guardianship Questionnaire

Guardianship of a Minor Questionnaire

Estate Planning

Plan your estate with expert care by letting our team counsel you in these important life decisions. 

• Last Will and Testament
  • Specifies how your assets should be distributed after death.
  • Names a personal representative (executor).
• Revocable Living Trust
  • Avoids probate.
  • Allows assets to pass directly to beneficiaries.
  • You can manage and change the trust during your lifetime.
• Durable Power of Attorney
  • Appoints someone to handle your financial, legal, and tax matters if you become incapacitated.
• Designation of Health Care Surrogate
  • Designates someone to make medical decisions on your behalf if you can’t.
• Living Will
  • States your preferences regarding life-sustaining treatments and end-of-life care.
• Beneficiary Designations
  • For accounts like life insurance, retirement plans, and payable-on-death (POD) bank accounts.
  • These designations override what’s in your will or trust.

Why Estate Planning Is Important in Florida:

• Avoid Probate: Florida probate can be lengthy and costly.
• Minimize Taxes: Florida has no state estate tax, but planning can still reduce federal estate taxes for large estates.
• Control: You maintain control over how your assets are handled and who makes decisions for you.
• Protect Beneficiaries: Especially important if beneficiaries are minors, have special needs, or are not financially responsible.
• Plan for Incapacity: Avoids the need for court-appointed guardians.

Guardian of an Adult (Incapacitated Person)

This is for adults who are unable to care for themselves due to:

• Mental illness
• Dementia
• Developmental disabilities
• Other conditions affecting decision-making

A court must first determine incapacity through an examination by a panel (usually including doctors and professionals). If the person is found totally or partially incapacitated, the court appoints a guardian.

Guardian of a Minor

This applies when:

• A child’s parents are deceased, or
• The child inherits money or property worth more than $15,000, or
• The parents are unable or unfit to care for the child.

Responsibilities: Making decisions about the child’s care, education, health, and possibly managing the child’s property.

Probate & Trust Administration

Our trained attorneys ease the probate process during what can be a trying time in life.  In the State of Florida, court-supervised probate administration may be required if a decedent owned real property, bank accounts, or other assets. The purposes of probate administration include: (1) determination whether the decedent’s Will is valid, if the decedent left a Will, (2) resolution of the decedent’s debts, and (3) identification and distribution of the decedent’s assets.

Probate administration is required if the decedent owned assets solely in the decedent’s name – whether or not the decedent had a Will. If the decedent did not leave a Will, Florida law provides default rules describing how the decedent’s estate will be distributed and who will serve as Personal Representative.

Florida provides two primary approaches to probate administration:

‘Formal’ administration provides for the appointment of a Personal Representative (executor) to conduct the estate. The Personal Representative takes charge of the decedent’s assets, resolves creditor issues, and addresses other issues that arise. Formal administration often requires six months to complete (or more, depending on the circumstances).

‘Summary’ administration often requires only one month to complete. No Personal Representative is appointed; rather, the probate court enters an order distributing the decedent’s assets. Summary administration is available if the value of the decedent’s assets are less than $75,000 or if the decedent died more than two years earlier.

Probate administration is conducted by filing various documents with the probate court. Personal court appearances are not usually required. Because of the cost and hassle involved, many people seek to avoid probate. This is possible with proper estate planning.

Trust administration is similar to probate administration and is required when the decedent left a revocable or irrevocable trust. Trust administration does not require judicial oversight and the costs and time periods involved are generally reduced.